In another act of gratuitous cruelty, Betsy DeVos insists that undocumented students should get no emergency aid, although Congress did not pass such a restriction.

Politico reports:

DEVOS SEEKS TO ENFORCE RESTRICTIONS ON PANDEMIC RELIEF GRANTS THROUGH REGULATION: The Trump administration will roll out a new regulation this week that restricts which college students may receive emergency grants to cover expenses like food and housing.

— The Education Department says it’s moving to publish, as soon as today, an “interim final rule” that requires colleges to exclude undocumented students and others who don’t qualify for federal student aid from a more than $6 billion emergency cash grant program under the CARES Act, H.R. 748 (116). Such rules typically take effect immediately.

— The new regulation will carry out — now with the force of law — a policy that DeVos first outlined in April. Democrats and college officials have cried foul, arguing that it goes against the intent of the CARES Act, which does not include any explicit restrictions on which students can receive the funding.

— Meanwhile, two states — California and Washington — have brought legal challenges against the guidance. In the face of those lawsuits, the Education Department backed away from the significance of the guidance, promising not to enforce it and downplaying it as “preliminary.”

— It’s not yet clear exactly how DeVos’ new regulation will be worded. But Education Department officials indicated in documents filed with OMB that the administration will move ahead with its contentious position on who can receive relief — limiting funding only to those students who are already eligible for federal financial aid under Title IV of the Higher Education Act.

— Happening today: The expected release of the new regulation this week coincides with a federal judge in San Francisco holding a virtual hearing today on California’s motion for a preliminary injunction blocking DeVos’ guidance. Another judge has set a similar hearing in the Washington state case for Thursday.